Bank One, Texas, N.A. v. Paul J. Montle

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that evidence provided by the plaintiff which “render[ed] suspect” certain “subsidiary assertions” made by the defendant “was insufficient to satisfy [the plaintiff’s] burden of proving by a preponderance of the evidence” that the defendant was not domiciled where he claimed
• describing shifting burdens and the elements of proof required to establish a change of domicile
• discussing broad trial court discretion to determine appropriate procedures for resolving jurisdictional disputes
• identifying the “place where civil and political rights are exercised, taxes paid, [and] real and personal property (such as furniture and automobiles) located” as relevant factors
• remanding to district court for resolution of jurisdictional facts where defendant claimed to have established domicile in the same state as the plaintiff just one month before the filing of suit
• the defendant argued he was not diverse because he moved from Massachusetts to Texas before the Texan plaintiff brought suit

Source: CourtListener parenthetical corpus (CC0).